Friday, October 16, 2015


 

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, SEPTEMBER 28, 2015                                          Page 1 of 7

 

The regular meeting of the Inland Wetlands Commission was called to order at 7:35 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following members of the Commission were present:

         Alexandra Breslin, Chair

         Kristine Sullivan, Vice-Chair

         Brian Smith, Member

         Roger Hathaway, Member

         Nancy Scanlon, Alternate Member, seated as a voting member

 

The following member of the Commission was absent:

         Lisa Gaw, Member

 

Also present was:

         Isabel Kearns, Inland Wetlands Enforcement Officer

 

NEW BUSINESS

 

1)      122 Valley Road, Application #1248 submitted by Nicholas Zito, of the Regional Water Authority, for an Inland Wetlands Permit for a timber harvest

 

The Commission formally received the application.  Present to speak on behalf of this application was Nick Zito, the applicant from the Regional Water Authority.

  

Chair Breslin stated for the record that she represents the Town of Bethany on the SCCRWA Representative Policy Board and Land Use Committee.  Chair Breslin recused herself.

 

Mr.  Zito briefly reviewed the proposed project and noted in discussion:

·         Submitted a revised plan dated September 15, 2015.

·         Removing ash trees.

·         Reviewed the three gates that will be used to enter property.

·         There is one wetland crossing.

 

Sharon Huxley of 340 Old Mill Road stated the following concerns:

·         Hours of operation of the Commercial Timber Harvest.

·         Suggests that the operation starts later.

·         Submitted copies of Forest Practice Regulations from Newtown, Kent, and Brookfield.

 

In discussion, Commission members noted:

·         Commission’s jurisdiction is over the wetland crossing.

·         Commission would like to do a site visit.

·         Commission recommended having Town Counsel review for complaint of hours of operation.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, October 26, 2015.  Tabled.

 

 

2)      75 Country Lane, Application #1249 submitted by Andi Kambo for an Inland Wetlands Permit

 

The Commission formally received the application.  Present to speak on behalf of the application was Andi Kambo, applicant and owner of record.

 

Mr. Kambo briefly reviewed the proposed project.

 

In discussion, Commission members noted:

·         Concerned about protecting the wetlands downslope.

·         Commission would like to visit the site.

·         Will want engineer to stake corners of house and where septic will be located.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, October 26, 2015.  Tabled.

 

 

3)      116 Old Amity Road (Country Companions), Application #1250 submitted by Kim McClure Brinton for an Inland Wetlands Permit for an addition to the existing building

 

The Commission formally received the application.  Present to speak on behalf of the application was Kim McClure Brinton, applicant and owner of record.

 

Mrs. Brinton briefly reviewed the proposed project and noted in discussion:

·         Taking off existing sun porch on the house which was used as a kennel.

·         Proposing a poured concrete foundation for the addition.

·         The roof drains will be replaced.

 

In discussion, Commission members noted:

·         Commission would like to visit the site.

·         Commission feels the stone wall located in the back will minimize the need for silt fence.

·         For site visit, have two stakes put in the corners where the end of the addition will be located.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, October 26, 2015.  Tabled.

 

 

 

 

 

 

 

 

 

 

 

It was moved by Smith and seconded by Sullivan to add to the agenda of the September 28, 2015 Regular Meeting, Application #1251 and Application #1252.

Voting were:  Breslin, Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

 

4)      43 and 53 Atwater Road, Application #1251 submitted by HRP Associates, Inc., for an Inland Wetlands Permit for the monitoring of well installation

 

The Commission formally received the application.  Present to speak on behalf of the application was Jessica Kruczek, P.E. and Senior Project Manager from HRP Associates, Inc. 

 

Mrs. Kruczek briefly reviewed the proposed project and noted in discussion:

·         Will be installing five (5) monitoring wells. 

·         Looking to see if lead has leaked into ground water.

·         Depth of installation will be 15 to 20 feet at most.

 

In discussion, Commission members noted:

·         No stream crossings.

·         Questioning if this activity needs a permit.

 

It was the consensus of the Inland Wetlands Commission that an Inland Wetlands Permit is not needed for this proposed activity to install the monitoring wells.

 

The Commission would like the applicant to contact the Inland Wetlands Enforcement Officer when this activity of installing the monitoring wells will be taking place. 

 

 

5)      Application #1252, submitted by Robert Marinko Jr. for an Inland Wetlands Permit for a residential site development located at 40 Munson Road -

 

The Commission formally received the application.  Present to speak on behalf of the application was Robert Marinko Jr., applicant.     

 

Mr. Marinko briefly reviewed the proposed project and noted in discussion:

·         Nothing changing from previous approval for a residential site development.

·         Permit #1152 approved September 27, 2010, has expired.

 

In discussion, Commission members noted:

·         Will double check the statutory changes and permit timeframes for expiration. 

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, October 26, 2015.  Tabled.

 

 

 

 

 

 

OLD BUSINESS

 

1.      10 Northrop Road, Application #1245 submitted by Douglas Kycia, Landscape Architect for an Inland Wetlands Permit for Upland Area Mitigation Plan

 

Present for this discussion was Mr. Doug Kycia, Landscape Architect, applicant representing the owner of record.

 

The Commission would like Mr. Kycia to submit the information requested in Michael Klein’s email dated August 23, 2015, and then the Commission will submit that information to Mr. Klein for his review.    Mr. Kycia submitted an extension for 65 days for the Commission to act on the application.  Tabled.

 

 

2.      94 Downs Road, Application #1247 submitted by Dennis and Patricia Colwell for an Inland Wetlands Permit to fill an existing drainage swale

 

Present to speak on behalf of the application was Dennis Colwell, applicant and owner of record.         

 

Mr. Colwell briefly noted in discussion:

·         The property is for sale and prospective buyers are asking questions about drainage swale.

 

In discussion, Commission members noted:

·         Difficult to evaluate the swale due to dry conditions. 

·         Would like to revisit the site when raining.

·         Tell prospective buyers that they would have to go back to the Inland Wetlands Commission for direction on the swale.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, October 26, 2015.  Tabled.

 

 

3.      Show Cause Hearing regarding Cease and Desist Order, dated October 21, 2014, to Mrs. Bitina Patel of 10 Northrop Road, extension of patio, stonewall along the pond, waterfall and clear cutting of trees within the 150-foot upland review area without permitTabled.

 

 

4.      Revisit site in November the continue discussion regarding road and overland run-off across 37 Hilltop Road (DeCesare) down to Route 69 -  Tabled.

 

 

5.      Discussion regarding Bethany West clearing.  (Letter from Roman Mrozinski of the

Southwest Conservation District)Tabled.

 

 

 

6.      185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn

Tabled.

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of the Monday, August 24, 2015, Special Meeting/Site Visit.

Abstaining were:  Breslin, Scanlon.

Voting were:  Sullivan, Smith, Hathaway.  

Unanimous approval.

 

2.      It was moved by Smith and seconded by Scanlon to approve, as submitted, the minutes of the Monday, August 24, 2015, Regular Meeting.

Abstaining was:  Brisling.

Voting were:  Sullivan, Smith, Hathaway, Scanlon.    

Unanimous approval.

 

3.      It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of the Monday, August 30, 2015, Special Meeting/Site Visit.

Abstaining were:  Hathaway, Scanlon.

Voting were:  Breslin, Sullivan, Smith.  

Unanimous approval.

 

 

BILLS

 

1.      It was moved by Sullivan and seconded by Smith to approve the payment of $75.00 to the Connecticut Association of Conservation and Inland Wetlands Commission, Inc. for the Membership Renewal for the period of July 1, 2015, through June 30, 2016, for two commissions (sustaining).  Share with the Conservation Commission.

      Voting were:  Breslin, Sullivan, Smith, Hathaway, Scanlon.

      Unanimous approval.

 

 

CORRESPONDENCE

 

1.      Letter from Ronald Walters, Regional Water Authority, dated September 24, 2015, Re:  Comments on review of Application for 122 Valley Road, RWA timber harvest.

2.      Letter from Isabel Kearns, IWEO, dated September 22, 2015, Re:  Comments on review of Site Plan for 75 Country Lane – new residential construction.

3.      Letter from Isabel Kearns, IWEO, to M. Keefe & D. Fitzsimmons of 340 Fairwood Road, dated August 25, 2015, Re:  Notice of Violation, deposition of stone on property located at 340 Fairwood Road.

 

 

 

 

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      Letter from Connecticut Association of Conservation and Inland Wetlands Commission dated August 15, 2015, Re:  CACIWC membership fees and 38th Annual Meeting and Environmental Conference, November 14, 2015.

2.      Connecticut Wildlife, July/August 2015.

 

 

ENFORCEMENT OFFICER REPORTS AND APPROPRIATE COMMISSION ACTION

 

 

SCHEDULE SITE VISITS 

 

The Commission scheduled a site visit for Sunday, October 25, 2015, at 2:00 p.m.  Commission members to meet at the Town Hall and proceed to the following sites:

·         75 Country Lane

·         116 Old Amity Road

·         122 Valley Road

·         94 Downs Road

·         40 Munson Road

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Smith

and seconded by Scanlon to adjourn the regular meeting at 9:09 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission